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Heard. RULE. Rule is made returnable forthwith.

2. Since the issue involved in both the petitions is identical, they are taken together for final disposal by consent of both the parties.

19 J.wp.313.2022 and 616.2022.odt

3. In the present petitions, the grievance raised by the petitioners is that they are working as non-teaching staff in respondent no.4 University and their services are governed by the Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Terms and Conditions of Service of Non-Teaching Employees) Rules, 1984 (for the sake of convenience, hereinafter referred to as 'the Standard Code'). However, the State Government by the Government Resolution ('GR') dated 20.05.2010 without following the mandate of Section 8(3) and (4) of the Maharashtra Universities Act, 1994 declared that the Standard Code has been repealed. As a consequence of the same, Government Notification dated 06.06.2017 made applicable to their services. The Vice Chancellor under the pretext that the Standard Code has been repealed, time and again by invoking extra-ordinary powers available with him under Section 12(8) of the Maharashtra Universities Act, 1994 as well as the Maharashtra Public Universities Act, 2016 issued directions. As a consequence of the same, their promotional channel has been closed. Hence, they approached before this Court by way of present petitions.

22. Respondent no. 4 University stated that the Standard Code has been repealed by the GR dated 20.05.2010 and it is made clear in the said Resolution that the same would be applicable to the both non- teaching staff of the non-agricultural Universities and non-teaching 28 J.wp.313.2022 and 616.2022.odt staff of the affiliated Colleges. It is stated by respondent no. 4 University that vide Supplementary letter of the State Government dated 29.01.2014, the Standard Code has been restored only for the non-teaching staff of the affiliated College and not for the non-teaching staff of the non-agricultural University. Respondent no.4 University has heavily relied upon the Government Notification dated 06.06.2017, which according to them, is applicable due to repeal of the Standard Code till the framing of common Statutes by the State of Maharashtra.

28. In the background of above said factual position, the issue falls for consideration in the present petition is as to whether vide GR dated 20.05.2010 the Standard Code is repealed ?. If the Standard Code has been repealed then why since last 15 years common Statutes are not prepared for whole Maharashtra State. The State Government is justified to issue Government Supplementary letter stating that the Standard Code is restored only for the non-teaching staff of affiliated Colleges and not for the University's employees and lastly, whether Vice Chancellor of the University can invoke time and again the powers under Section 12(8) to issue directions in the matter.

41. It is pertinent to note that in case GR dated 20.05.2010 is accepted to be valid, then the Rules framed by the State Government vide Notification dated 06.06.2017 is to be made applicable in the matter. The bare perusal of said Rules which are framed in the year 2017 made it clear that there will be no promotional channel to the lower grade clerk unless he possess the qualification of Graduate 41 J.wp.313.2022 and 616.2022.odt Degree. As such, the petitioners and other like employees, who were appointed in pursuance of the Standard Code, before 2017 in the lower grade category, who were having qualification of SCC passed or below Graduation Degree as prescribed in the Standard Code, in their life time would not be in the position to get promotion to the higher posts. On this point a specific query was put to the learned Counsel for the respondent no. 4 University, on which he states that the Standard Code being the old one and the higher post required higher qualification, the qualification prescribed in the Notification dated 06.06.2017 is correct.